OVERVIEW: Civil fraud is when one party intentionally deprives another party from the rightful use or possession of property. Examples of civil fraud include the issuance of a bad check or refusing to return property or money known to belong to another party.  Misrepresentation claims involve the intentional act of making a statement of fact that is not true so as to induce another party to act. Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, diamonds, real estate) or the provision for services (brokers, contractors, mechanics).  The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

KEY BENEFITS: Pursuit of all fraud or misrepresentation claims. Analyze the position and conduct of the parties. Research industry standards and the history and background of the parties. Pursue administrative remedies simultaneously with the Florida Department of Professional Regulation, Florida Department of Insurance, Florida Department of State, and the Attorney General. Will seek all statutory remedies in addition to the actual damages including treble damages where applicable.

REFERENCE CASES: Obtained a judgment against an individual who claimed he was a roofer after Hurricane Andrew. Obtained a settlement for a client who was duped into buying a boat that was previously damaged by the owners but which was not disclosed at the time of the sale. Obtained a settlement for a client who was mislead as to the nature of the life insurance policy that he was purchasing.

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